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Yuris: Journal of Court and Justice
Published by JF Publisher
ISSN : -     EISSN : 28097572     DOI : https://doi.org/10.56943/jcj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By following the standard and procedures which published four times a year. It goes by the review process from expert and external reviewer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 Issue 3 (2023)" : 6 Documents clear
THE IMPLEMENTATION OF RESTORATIVE JUSTICE SYSTEM TO RESOLVE DOMESTIC VIOLENCE ACTS Hardianto, Yoyok; Khoidin, M.; Prawesthi, Wahyu; Utami, Rahayu Sri
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.359

Abstract

Domestic violence is often referred to as a hidden crime because both perpetrators and victims attempt to hide their offence from public view. According to Article 28 of the 1945 Constitution, which regulates human rights, all forms of violence, especially domestic violence, are violations of human rights and crimes against human dignity. Restorative justice system is one of the approaches used to resolve case of domestic violence. The concept of a restorative justice system is used to resolve violations of the law that occur based on victims and perpetrators’ interests. The objectives of this research is to find out the implementation of restorative justice in managing domestic violence issues in society; and to analyse the restorative justice mechanism in domestic violence cases based on the Indonesian legal system. The approach method used in this research is a normative juridical approach based on laws and regulations related to legal issues. In addition, it is also used conceptual approach based on developed perspective and doctrines in legal sciences. The settlement of domestic violence cases using penal mediation method with a restorative justice approach was succesfully resolved the criminal cases occurred in community.
THE CONSTITUTIONAL COURT’S DECISION ON THE AMENDMENT OF LAW NO. 1/1974 ON MARRIAGE Muhibbin, Moch.; Triadi, Dr. Irwan
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.377

Abstract

This research was conducted to determine the impact of Constitutional Court Decision No. 46/PUU-VIII/2010 related to the position of children out of wedlock and Constitutional Court Decision No. 69/PUU-XIII/2015 on marriage agreements on the amendment of Law No. 1/1974 on marriage. This research used juridical normative methods with a statutory approach. In addition, the data analysis used is descriptive qualitative. The results of the research indicate that there are three decisions of the Constitutional Court with the verdict “granted”, including the following Constitutional Court Decision Number 46/PUU-VIII/2010; Constitutional Court Decision Number 69/PUU-XIII/2015; and Constitutional Court Decision Number 22/PUU-XV/2017 regarding the age limit of marriage. Constitutional Court Decision Number 22/PUU-XV/2017 has been followed up with the amendment of Law No. 16/2019 concerning Amendments to Law No.1/1974 on Marriage. However, Constitutional Court Decision Number 46/PUU-VIII/2010 and Constitutional Court Decision Number 69/PUU-XIII/2015 were omitted in the Law No. 16/2019 amendment. Therefore, the law-forming apparatus needs to implement the legislative review and executive review mechanisms that can be used as an effort to amend a statutory regulation through the legislative and executive institutions, in this case, Constitutional Court Decision Number 46/PUU-VIII/2010 and Constitutional Court Decision Number 69/PUU-XIII/2015. In addition, it is also essential to strengthen the system for monitoring the follow-up of Constitutional Court decisions that are final and binding.
LEGALITY OF EUTHANASIA AT PATIENT FAMILY’S REQUEST Mayasari, Dian Ety; Prawesthi, Wahyu; Kadek
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.381

Abstract

The discussion of euthanasia cannot be separated from the relationship between doctors and patients. From the dimension of civil law, the relationship between doctors and patients is a contract of medical services; the doctor is obliged to provide the best treatment and will not demand the treatment results since it involves actions against living tissue, which humans cannot fully control. However, the therapeutic contract can be implemented for medical actions that do not treat the living tissues of the human body. This research aims to identify which article of the Criminal Code (KUHP) that provides law and regulation regarding the practice of euthanasia in Indonesia. The approach used in this research is a normative juridical approach. The normative juridical approach uses laws and regulations and examines all laws and regulations related to legal issues and conceptual approaches from the perspective and doctrines of law. The research findings identified that there are no articles that regulate and mention explicitly, clearly and concretely regarding euthanasia. Articles 340, 344, 345 and Article 304 jo 306 Paragraph 2 of the Criminal Code are considered the closest to euthanasia, even though the articles do not explicitly and concretely explain euthanasia.
THE CHARACTERISTICS OF WAR CRIMES UNDER INTERNATIONAL LAW: A Case Study of the Russia and Ukraine War Raharja, Yolanda Damai; Widoyoko, Wreda Danang
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.391

Abstract

War is a physical or non-physical act of fighting over something that is important to the war participants. War crimes are violations of International Law. Therefore, there are several rules to deal with war crimes in international law as regulated in International Humanitarian Law, which has various scopes in the regulation, such as the Geneva Convention, The Hague Convention, and jurisprudence agreements and there is a existing provision or regulation to combat crimes that are considered a serious threat to humanity for crimes that occur with the need for a rule, that is International Criminal Law. In November 2013, during the Maidan protests in Ukraine, which led to the removal of the pro-Russian former president Viktor Yanukovich and the beginning of conflict over Russia’s invasion of Ukraine. The objective of this research is to determine and analyze the types of International Law violations during the war between Russia and Ukraine. The method used is the normative juridical method combined with a statutory approach to analyze relevant international legal instruments and a factual approach related to the events that occurred in the invasion. The research results indicate that war crimes are criminal offenses in international law that are more specifically regulated in International Humanitarian Law. However, regarding this war crimes, data and facts based on thorough and independent investigations have not been found, but only from media information that is doubtful, so that the existence of war crimes cannot be confirmed.
JUDICIAL REVIEW OF CRIMINAL OFFENSES ON CUSTOMER DATA THEFT OF BANKS IMPLICATED IN THE LOSS OF CUSTOMER’S MONEY Cahyono, Febrian Dwi Putra; Hartantien, Sinarianda Kurnia
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.398

Abstract

Technological developments in the banking sector intend to improve the quality service for the community, especially those who are often called customers in banking transactions. The convenience provided in the banking sector has contributed to several crimes regarding the criminal act of customer data theft, considering that technological advances in banking services have facilitated the perpetrators to commit their crimes. The purpose of this research is to examine and obtain a legal perspective on the criminal act of customer data theft. The method of this research is normative juridical. According to the findings in this research, it is obtained that the positive legal regulation of the criminal offense regarding customer data theft is intended to provide relevant sanctions and legal protection to the perpetrators and victims of crime. The existence of criminal liability for the perpetrators of criminal acts of customer data theft, requires the application of criminal sanctions as a real effort to eradicate these crimes so as not to cause many losses.
COPYRIGHT LAW PROTECTION AGAINST ILLEGAL SALES OF WETV STREAMING SUBSCRIPTION ACCOUNTS THROUGH SHOPEE MARKETPLACE Billa, Adinda Aneke Putri Zalza; Permanasari, Lolita
YURIS: Journal of Court and Justice Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i3.400

Abstract

WeTV is the owner of copyright in computer programs, which has been regulated in Law No. 28/2014 on Copyright. However, there are irresponsible people who violate it by duplicating, distributing and selling WeTV subscription accounts through Shopee marketplace and taking advantage of the benefits personally. It becomes an issue related to copyright protection based on the law on an application program that is being misused by other parties. The method in this research is normative juridical research, which conducts research by analyzing and a series of formal legal rules, including laws and regulations, and literature that contains theoretical concepts. The result of this research that WeTV is an intellectual work in a computer program that is protected by copyright. The sales transaction of WeTV subscribed accounts on the Shopee marketplace by “Mavelstore.id” has a non-authorized method in accordance with the terms and conditions of WeTV. Unauthorized distributors copy without permission from copyright holders and benefit from sales through the Shopee marketplace. The account was found to have committed acts of piracy that caused losses to the WeTV copyright holders. The seller has shared account actions by changing the provision that 1 (one) WeTV user account can only be used by 1 (one) user, to 1 (one) WeTV user account can be used by multiple users. The existence of moral and economic loss is provided an order for the infringement of the creation through the formal procedure of copyright protection efforts against the illegal sales of WeTV accounts through internal legal protection and external legal protection.

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